Terms & Conditions
ACCOUNT OWNER AGREEMENT AND SERVICE TERMS
Through its ASTONISH EMAIL (the "Services") Astonish Email Ltd ("Astonish") provides Internet marketers and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). See our Antispam Policy . The following are the terms and conditions for use of the Services. By checking the "I accept these terms and conditions" box on the Sign Up page or after logging in for the first time, you accept these terms and conditions.
By using the astonishsystems.com or astonishemail.com, web sites (“Service”), all services of Astonish Marketing Limited (“Astonish Email”), you are agreeing to be bound by the terms and conditions (“Terms of Service”).
Astonish Email reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Astonish prohibits such conduct and Content on the Service, you understand and agree that Astonish cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.
- You are responsible for maintaining the security of your account and password. Astonish cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via site submission.
- You understand that Astonish uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Astonish, or any other Astonish service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Astonish.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Astonish customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Astonish) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Astonish does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Astonish shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Astonish has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Astonish to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Astonish and govern your use of the Service, superseding any prior agreements between you and Astonish (including, but not limited to, any prior versions of the Terms of Service).
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Astonish Email in any respect whatsoever.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Astonish Email and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
- The Services are provided subject to this Agreement, as Astonish Email, and any guidelines, rules or operating policies that Astonish Email may establish and post may amend it from time to time (the "Agreement"). By posting updated versions of the Agreement at the https://www.astonishemail.com/ web site, or otherwise providing notice to you, Astonish Email may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
- Astonish Email meters both the number of e-mail messages sent and the number of Kilobytes of data transferred. Normal Astonish Email accounts allow you to send a fixed number of e-mail messages per month with the total Kilobyte data transfer of all messages not exceeding 30 Kilobytes multiplied by the total number of allowed e-mail messages per month. Additional data transfer may be purchased at £1.00 per 10 Megabytes of data transfer. Unused e-mail volume and unused data transfer do not carry over from month to month.
- For all accounts, Astonish Email may charge an account re-activation fee should an account need to be re-activated by customer after account has become de-activated due to non-payment or an untimely authorisation for payment.
- It is understood that Astonish Email makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. Astonish Email makes every attempt to make sure that all e-mail messages sent through our servers follow W3C and IETF e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. This is provided as-is. Astonish Email makes no guarantee that the HTML generated by the browser-based HTML editor will result in messages that look the same on all e-mail platforms.
- To receive support, you must fill out the form at https://www.astonishemail.com/workspace/support. Some support issues are outside the scope of Astonish Email's standard support -- these issues may be denied support altogether or quoted for separately, at which time the customer will have the opportunity to decide whether to have the Astonish Email staff person proceed or not.
- Questions about the Terms of Service should be sent via our contact us page
Restrictions and Responsibilities
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- You acknowledge and agree that the Services and the Astonish Email company names and logos and all related product and service names, design marks and slogans, are the property of Astonish Email or its affiliates or suppliers (collectively, the "Marks"). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Astonish Email. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Astonish Email or its third party suppliers, as the case may be.
- You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Astonish Email against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Astonish Email has no obligation to monitor the content provided by you or your use of the Services, Astonish Email may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Astonish Email. Astonish Email may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Astonish Email, Astonish Email may share your information with the Marketing Partner. Astonish Email will not provide information to companies you have not authorised, and Astonish Email will not permit the companies that get such information to sell and redistribute it without your prior consent.
- Astonish Email will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer and account information will not be shared with any other parties, unless Astonish Email is required to disclose such information in connection with legal process or in accordance with any law, regulation or order of a court or regulatory agency of competent jurisdiction. In addition, Astonish Email will not use your customer information for the purpose of sending unsolicited commercial e-mail.
- You will adopt and maintain the Privacy Statement, which may be modified by Astonish Email from time to time.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for all accounts.
- When you initially sign up for a Standard, Pro, or Enterprise account, you will be billed on that date each month recurring (i.e 14th Jan, 14th Feb, 14th Mar, etc). You can cancel your account at any time after the first 30 days subject to a 30 day notice period. After the notice period your account will be closed and all associated data destroyed.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Astonish does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- Astonish Email may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Astonish Email may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination by Astonish Email for reason other than violation of the Anti-Spam policy, Astonish Email will provide you a proportionate refund of the advance quarterly payment, which Astonish Email has received for the then-current month, based on the number of days remaining in the quarter following the date of termination. Except for such refund, Astonish Email shall have no liability to you or any third party because of such termination. If Astonish Email terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
Modifications to the Service and Prices
- Astonish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Basecamp Site (astonishemail.com) or the Service itself.
- Astonish shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with EU & US copyright law. Please review our copyright compliance policy.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Astonish does not pre-screen content, but Astonish and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©1999-2011 Astonish Marketing Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Astonish.
Customers may access their Astonish Email account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Astonish Email, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Astonish shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Astonish has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Basecamp via the API may result in the temporary or permanent suspension of your account’s access to the API. Astonish, in its sole discretion, will determine abuse or excessive usage of the API. Astonish will make a reasonable attempt via email to warn the account owner prior to suspension.
- Astonish reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ASTONISH EMAIL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " ASTONISH EMAIL") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ASTONISH EMAIL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ASTONISH EMAIL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF ASTONISH EMAIL TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU